A Broken State Government Could Use a Constitutional Convention
For 19 of the last 20 years, criticism of New York’s dysfunctional state government was everywhere.
This year, not so much.
What’s changed in 2017? Next week Proposition 1 is on the ballot, asking voters whether they would like to see a Constitutional Convention held in about a year and a half.
In recent weeks there has been overheated hyperbole from very well-funded sources hell-bent on defeating Proposition 1.
The arguments against a convention generally are how many hard-fought gains can vanish in an instant if one is allowed to convene on Apr. 2, 2019. Pensions, a woman’s right to choose or environmental protections could all disappear, according to the arguments. “Dark money” would somehow hijack the process regarding the delegate elections in each of the state’s 63 Senate districts and bring in radicals.
But so far, the “dark money” has come in on behalf of the opponents of the proposition, to the tune of more than $1.3 million as of mid-October, about five times what supporters have raised. Why is that? It’s advantageous to those in power to keep the status quo.
Opponents, like those who run the website nyagainstcorruption.com, argue that a convention “will be run by the same politicians, lobbyists and special interest groups who have gamed the system for their own benefits, and led to rampant corruption in Albany.”
So let’s get this straight: an organization named New Yorkers Against Corruption acknowledges there’s rampant corruption in Albany but refuses to try something that could make progress against the kind of wrongdoing this group purports to fight. That’s crazy.
Are there any guarantees that a convention would bring reforms? No, there are none. But to scare the populace from trying is fear-mongering.
Furthermore, the opponents only mention the most draconian repeals that, according to Alan Rothstein of Citizens Union, a pro-Convention group, would never likely happen. Opponents never mention the possibility of the many progressive proposals such as early voting, same-day voting, campaign finance reform or changes to the state’s unwieldy court system.
They also propagate misinformation that the convention would cost $300 million, a figure that opponents latched onto after a reporting mistake in the Albany Times-Union earlier this year. It’s likely not to exceed $100 million, convention supporters say.
The three-step process from today until any revisions to the state constitution can be enacted is meant to avoid radical overhauls that a majority of the state’s voters couldn’t support. First, there’s next week’s vote whether to call a convention.
If it were to pass, next November would be the election of the delegates; three from each senate district, plus 15 at-large seats from across the state.
Even if you were to get constitutional questions put to the voters in a future election, the public would then have the opportunity to defeat the proposition in an election. Those are the checks and balances that are provided.
Rothstein said during previous conventions, in 1894 and 1938, progressive changes such as the establishment of the state university system and protecting wildlife in the Adirondacks were enacted. Now, about 80 years later, you would have a hard time convincing anyone in this state that New York is less progressive than it was then.
Furthermore, in March, the state League of Women Voters, often viewed as a staid organization, came out in favor of the proposition.
Earlier this year, Jay Carisle, professor emeritus at Pace Law School, said at a conference in Greenburgh about 200 revisions have been made over the past 100 years by going through the legislative process.
That doesn’t lend itself to significant reforms because the legislators want to protect their power.
Carlisle said fear shouldn’t be a factor in determining your vote.
“We either have hope or we’re too frightened to proceed,” he said. “It’s either fright or hope.”
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